Tañon College

Final Exams
Obligation and Contracts
Atty. Juniven Rey S Umadhay

1. Mr. Klepperd, owner of a 12 Hectare Mansion with a 3 Football-field size lawn hired the services of Sheila,
a gardener, to manually trim the 3 Football-field size lawn in 3 minutes. Is the contract voidable, rescissible,
unenforceable or void? Why? (10pts)

2. Ms. Jemely and Ms. Rudilyn with meeting of their minds, agreed to enter into a contract of mortgage
however when the document was typed by Rhona, it was a contract of sale that she made because of lack
of skill. Ms. Jemely and Ms. Rudilyn signed the document, without being aware that such does not express
their true agreement. What will be the remedy of either Ms. Jemely and Ms. Rudilyn? Why? (10pts)

3. There was a dispute filed in court by Mr. Canoy, determining the intention of partries of whether the
contract he entered with Ms. Obrero is a contract of Sale of contract to Sell. It was found out based on
acts of Mr. Canoy that he gave the certificate of ownership of the car to M. Obrero as well as the delivery
of the car to the latter. Under the provisions of the Civil Code, what contract did he and Ms. Obrero
agreed? Why? (10pts)

4. Michelle and Red, who are both residents of Jolo Sulo, Philippines agreed in a contract of sale involving
the transfer of a House and Lot in Marawi, Mindanao. Red and Michelle forgot to specify what currency
will they use in the payment of the House and Lot. What currency will they choose? Why? (10pts)

5. Dawn borrowed money from Christine in the amount of P100,000 at an interest of 12% per year. They
forgot to state the period when Dawn should pay the borrowed money and cannot be determined
whether the loan is payable in 6 months or 1 year. Under the provisions of the Civil code of the Philippines,
what period will Dawn pay the money to Christine? Why? (10pts)

6. Reshelle, is being ran after by many of her creditors because of her debts and was declared insolvent by
the competent court. 3 Months after she was declared insolvent by the court, Reshelle paid her debt to
Angelo which is not yet due. Genevieve, one of the creditors wanted to question the payment of Reshelle
to Angelo because they might not be paid by Reshelle. Is the payment made by Reshelle to Angelo
voidable, recissible, unenforceable or void? Why? (10pts)

7. Escobar and Yu, who are both minors entered into a contract of lease. Based on the circumstances, what
kind of defective contract did they entered? Is it voidable, rescissible, unenforceable or void contract?
Why? (10pts)

8. Juan entered in a contract of sale with Maria for the sale of a Pick up truck. Juan, the would be seller,
actually do not have any truck to sell and such object does not exist at the time of the transaction. Maria,
relying on her confidence to Juan already paid the amount of the Pick-up truck to Juan. Maria, because of
an unexpected event migrated to Greenland, Denmark and after 10 years returned to Philippines.
Motivated to get back her money, she filed a claim to the court for the return of her money or damages
from Juan. Juan contended that the action has already prescribed because it was already more than 4
years. Is the claim of Maria already prescribed? Why? (10pts)